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Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/constitutionaddrOOassoiala 


BAR  ASSOCIATION 


CITY    OF   NEW    YORK, 


kttstlfitttit 


mmm     ^A%,. 


NetD  fork : 

DOUGLAS    TAYLOR'S    COMMERCLVL    PRINTING    HOUSE, 
COR.   FULTON    AND  NASSAU   STREETS. 

1870. 


3A 

N433C 


/2  adfi^^C  i'T'^' 


^ 


TO  THE  MEMBERS  OF  THE  BAR  OF  THE 
CITY  OF  NEW  YORK. 


Some  of  our  number  who  were  strongly  impressed  with 
the  importance  in  many  ways  of  having  our  profession  in 
this  city  organized  into  an  association,  having  conferred  to- 
gether at  intervals  during  the  past  year,  resolved  to  make  a 
beginning  towards  accomplishing  this  object.  A  short  form 
of  pledge  was  prepared  and  sent  to  a  number  of  gentlemen 
for  signature.  When  about  two  hundred  names  had  been 
secured,  it  was  thought  proper  to  call  the  signers  together 
for  confer^ence,  and  the  result  of  their  meeting  was  the  ap- 
pointment of  committees  to  draft  a  constitution  and  to 
nominate  officers.  The  constitution  has  been  adopted,  and 
the  officers  provided  for  in  it  have  been  chosen,  and  what 
has  so  far  been  done  is  now  submitted  to  the  profession  at 
large,  with  the  earnest  hope  that  the  project  will  receive 
the  approval  of  every  lawyer  who  has  the  dignity  and  honor 
of  his  calling  at  heart,  and  who  feels  the  necessity  of  the 
harmonious  co-operation  of  an  upright  Bar  and  a  pure 
judiciary  in  the  administration  of  justice. 

It  may  be  asked,  why  was  not  the  whole  body  of  the  pro- 
fession consulted  ?  Our  answer  is  that  such  a  course  seemed 
impracticable.  No  one  had  authority  to  convene  a  gen- 
eral meeting  of  the  Bar.     Had  such  a  meeting  been  called. 


those  who  might  have  assembled  would  have  had  no 
more  authority  than  any  self-constituted  committee.  It  is 
always  necessary  in  such  enterprises  for  a  few  to  take  the 
first  steps.  They  naturally,  in  so  doing,  expose  themselves  to 
criticism,  and  must  rely  upon  the  integrity  of  their  motives 
and  the  wisdom  of  their  plans  for  their  justification.  The 
circular  was  sent  to  many  besides  those  who  signed  it. 
Some  delayed,  others  were  absent,  but  we  wish  to  assure  all 
that  there  was  no  intentional  avoidance  of  those  who  it  was 
thought  would  unite  with  us.  It  is  hoped,  therefore,  that 
any  who  may  feel  that  they  were  justly  entitled  to  be  con- 
sulted, will  consider  the  labor  of  seeing  personally  a  large 
number  of  individuals,  and  explaining  to  each  the  details  of 
unmatured  plans,  and  will  generously  overlook  any  apparent 
assumption  of  authority  on  our  part  in  view  of  the  import- 
ance of  the  object  proposed,  and  of  the  obvious  difficulties 
of  any  plan. 

In  this  spirit  it  is  also  hoped  that  they  will  accept  for  the 
present  the  constitution  now  submitted.  It  is  the  result  of 
much  discussion  and  consideration,  and  yet  may  seem  to 
many  quite  defective.  When  the  Association  shall  embrace 
a  larger  proportion  of  the  profession,  a  review  of  the  work 
will  naturally  take  place. 

It  may  seem  invidious  to  require  that  any  member  of  the 
Bar  should  submit  to  scrutiny  his  claims  to  membership  in 
such  an  association,  but  as  some  selection  is  indispensa- 
ble, no  other  plan  seemed  on  the  whole  so  unobjectionable 
as  to  constitute  a  committee  to  pass  upon  all  applications. 
It  is  hoped  that  the  character  of  the  gentlemen  who  com- 
pose this  committee,  and  the  large  number  of  negative  votes 


required  to  exclude  an  applicant,  will  furnish  an  assurance 
against  any  caprice  or  injustice  in  their  action. 

The  question  has  been  frequently  asked,  what  do  you  pro- 
pose, what  is  to  be  gained  by  joining  this  association  ?  We 
answer  that  our  immediate  object  is  simply  organization. 

It  seems  like  an  abdication  of  its  legitimate  position,  that 
the  Bar  of  the  City  of  New  York,  numbering  its  members 
by  thousands,  should  have  absolutely  no  organization  what- 
ever ;  that  its  influence  in  all  matters  affecting  either  its 
own  dignity  and  interests  as  a  profession,  or  the  general 
good  as  connected  with  the  advancement  of  jurisprudence  or 
reforms  in  the  administration  of  justice,  should  be  only  that 
divided  and  dispersed  influence  of  its  members,  which  from 
being  divided  and  dispersed,  goes  for  nothing.  When  its 
members  were  fewer  and  a  longer  probation  was  required 
for  admission  to  its  ranks,  the  traditions  of  the  profession 
served,  to  some  extent,  to  answer  the  purpose  of  a  corporate 
organization.  But  since  1 846,  the  era  of  our  present  State 
Constitution,  events  affecting,  not  the  Bar  only,  but  the 
whole  fabric  of  public  and  social  life,  have  succeeded  each 
other  with  unparalleled  rapidity.  The  barriers  to  admis- 
sion to  the  Bar  have  been  substantially  removed  ;  the  dis- 
tinctions between  attorney,  solicitor  and  counsellor,  have 
been  obliterated  ;  the  judges  have  been  made  elective  by  the 
popular  voice  for  a  short  term  only,  and  a  system  thus  intro- 
duced which  has  necessarily  exposed  them  to  partizan 
influences. 

During  the  same  period  has  come  into  operation  a  new 
system  of  procedure,  which  gives  to  the  judges  so  elected 
larger  discretionary  powers  than  ever  before,  and  a  patro- 
nage in  the  appointment  of  receivers  and  referees,  and  in  the 


6 


granting  of   commissions  and  allowances,  the  exercise  of 
which  is  at  least  dangerous. 

With  these  changes,  more  immediately  affecting  our  pro- 
fession, have  come  during  the  same  period  the  discovery  of 
new  gold  fields,  the  immense  issues  of  paper  currency  during 
our  civil  war,  the  excitements,  the  social  vicissitudes  pro- 
duced by  that  conflict,  the  changes  in  measures  of  value,  the 
growth  of  corporate  enterprise,  the  increase  of  luxury  and 
the  social  demoralization  which  confront  us  on  every  side. 

What  has  been  the  effect  of  all  these  things  on  the  Bar  ? 
Many  say,  its  glory  and  dignity  are  gone,  that  it  has  ceased 
to  be  a  noble  profession  and  is  merely  a  trade  with  the  rest. 
We  do  not  admit  this  charge.  But  we  mean  to  come  together 
as  a  body,  to  look  the  question  fairly  in  the  face,  and  if  we 
find  that  we  have  been  tainted  by  the  influence  of  the  times 
to  undertake  ourselves  the  work  of  purification,  to  revive  a 
past  renown,  and  give  new  life  to  traditions  which  we  be- 
lieve to  be  only  dormant,  not  extinct.  What  specially  is 
to  be  undertaken  ought  not  to  be  determined  by  the  few  who 
have  taken  the  lead  in  the  enterprise.  The  association  will 
itself,  after  mature  consideration,  decide  upon  its  own  action; 
but  lest  the  feeling  which  has  prompted  the  present  move- 
ment should,  after  its  first  impulse,  flicker  and  die  out,  it  is 
proposed  to  make  our  association  a  permanent  institution, 
to  procure  a  commodious  building  up  town,  and  to  establish 
in  it  a  well-appointed  law  library.  Having,  besides  this, 
rooms  for  consultation  and  social  intercourse,  we  feel  that 
we  shall  offer,  especially  to  the  younger  members  of  the  Bar, 
an  equivalent  at  least  for  the  expense  of  membership.  The 
larger  our  numbers,  the  more  readily  and  speedily  will  our 
purposes  be  accomplished.     With  five  hundred  members  our 


pecuniary  success  would  be  assured,  and  we  have  encourage- 
ments that  voluntary  donations  will  at  once  enable  us  to  lay 
the  foundation  of  a  library  that  will  soon  become  the  pride 
of  our  Bar.  We  work  not  for  ourselves  only,  but  for  those 
who  are  to  come  after  us,  and  we  are  confident  that  the 
spirit  of  our  profession  once  aroused,  we  can  do  all  that  we 
require. 

We  have  not  been  unmindful  of  our  brethren  in  the  other 
portions  of  the  State.  We  could  not  imperil  our  own  immediate 
objects  by  undertaking  a  more  general  organization,  but  we 
look  forward  to  the  forming  of  similar  associations  in  other 
cities  and  counties,  with  which  we  hope  to  be  affiliated,  and 
if  from  them  may  grow  an  Association  of  the  Bar  of  the 
State  of  New  York,  worthy  of  the  past  history  of  that  Bar, 
powerful  by  its  intelligence  and  learning,  and  influential  by 
its  integrity  and  patriotism,  the  benefits  of  such  an  associa- 
tion, not  only  to  ourselves,  but  to  the  entire  commonwealth, 
can  hardly  be  overestimated. 


WILLIAM  M.  EVARTS, 
HENRY  NICOLL, 
HAMILTON  W.  ROBINSON, 
AUGUSTUS  F.  SMITH, 
WILLIAM  E.  CURTIS, 
WILLIAM  C.  BARRETT, 
JAMES  EMOTT, 
CHARLES  A.  RAPALLO, 


HENRY  A.  TAILER, 
STEPHEN  P.  NASH, 
SAMUEL  B.  GARVIN, 
SIDNEY  WEBSTER, 
JAMES  C.  CARTER, 
JOHN  E.  PARSONS, 
WILLIAM  G.  CHOATE, 
FRANCIS  C.  BARLOW, 

Executive  Committee. 


oo:^STiTUTioisr, 

(As  adopted  Feb.  15.  1870.) 


ARTICLE   I. 

This  Association  shall  be  called  the  "  The  Bar  Association  of 
the  City  of  New  York." 

ARTICLE  11. 

The  Association  is  established  to  maintain  the  honor  and 
dignity  of  the  profession  of  the  law,  to  cultivate  social  inter- 
course among  its  members  and  to  increase  its  usefulness  in  pro- 
moting the  due  administration  of  justice. 

ARTICLE  m. 

SECTION  I. 

The  members  of  the  Bar  who  signed  the  preliminary  articles 
are  hereby  declared  to  be  members  of  this  Association,  but  such 
of  them  as  shall  omit  to  subscribe  to  this  Constitution,  and  pay 
the  admission  fee,  on  or  before  the  15th  day  of  March  next, 
shall  cease  to  be  members,  and  can  only  become  such  by  subse- 
quent admission. 

Any  member  of  the  profession,  in  good  standing,  residing  or 
practising  in  the  City  of  New  York,  may  become  a  member,  by 
vote  of  the  Association,  on  recommendation  of  the  Committee 
on  Admissions  as  hereinafter  provided,  and  on  subscribing  to 
this  Constitution  and  paying  the  admission  fee. 

SECTION  n. 

The  Committee  on  Admissions  shall  have  power  to  make 
such  regulations  in  relation  to  proposals  for  membership  and 
notice  thei'eof,  and  as  they  may,  from  time  to  time  deem  need- 


1*4 


ful.  Candidates  against  whom  there  shall  be  five  negative  votes 
in  the  Committee  shall  not  be  recommended  for  admission. 
Upon  being  recommended,  a  vote  by  ballot  shall  be  taken  in  the 
Association,  and  one  negative  vote  in  every  five  shall  exclude 
the  candidate. 

ARTICLE  IV. 

OFFICERS. 

The  OflScere  of  the  Association  shall  be  a  President,  five  Vice- 
Presidents,  a  Reeoi'ding  Secretary,  a  Corresponding  Secretary 
and  a  Treasm-er.  There  shall  also  be  an  Executive  Committee  of 
fifteen  members,  of  which  Committee  the  President  shall,  ex 
officio,  be  a  member ;  and  a  Committee  on  Admissions,  to  con- 
sist of  twenty  members.  These  Officers  and  Committees  shall  be 
elected  at  the  Annual  Meeting  to  be  held  on  the  second  Tuesday 
of  January  in  each  year.  The  Association  may  provide  by  its 
By-laws  for  such  other  Standing  Committees  as  it  may  deem 
necessary. 

ARTICLE  V. 

The  Executive  Committee  shall  be  vested  with  the  title  to  all 
the  property  of  the  Association  until  it  may  be  incorporated,  as 
Trustees  thereof,  and  shall  manage  its  afia,u-s,  subject  to  the 
Constitution  and  By-laws ;  they  shaU  provide  a  permanent  place 
for  the  use  of  the  Association,  and  shall  appropriate  such  sums 
as  they  may  deem  fit  for  a  Library  and  Reading  Room. 

ARTICLE  VI. 

A  Libraiy  Committee,  to  consist  of  five  members,  shall  be 
appointed  by  the  Executive  Committee,  to  hold  office  during 
their  pleasure,  and,  subject  to  theh*  dii-ections,  shall  have  charge 
of  the  Library  and  Reading  Room,  with  power  to  expend  upon 
the  same  such  moneys  as  may  bt  appropriated  by  the  Execu- 
tive Committee,  or  procured  by  volu.itary  subscription. 

ARTICLE  VII. 

The  Judges  of  the  Courts  of  the  United  States,  of  the  Court 
of  Appeals,  of  the  Supreme  Com't,  and  of  all  other  Com-ts  of 
Record  of  the  State  of  New  York,  shall  have  the  use  of  the 
Library  and  Reading  Room  of  this  Association,  without  the 
payment  of  fees. 


13 


ARTICLE  VIII. 

anSETINGS   OF   THE   ASSOCIATION. 

There  shall  be  an  annual  meeting  of  the  Association  on  the 
second  Tuesday  of  January,  and  other  stated  meetings  on  the 
second  Tuesdays  of  March,  June  and  November  in  each  year. 
At  these  stated  meetings,  and  at  any  regular  adjourned  meetmg 
thereof,  all  the  powers  of  the  Association  may  .be  exei'cised. 
Special  meetings  may  be  called  at  any  time  by  the  Executive 
Committee,  and  shall  be  called  upon  the  wiitten  request  of 
twenty  members. 

At  such  special  meetings  no  business  shall  be  transacted  ex- 
cept such  as  shall  be  specified  in  the  call  thereof.  The  presence 
of  fifty  members,  in  addition  to  such  members  of  the  Executive 
Committee  as  may  be  present,  shall  be  necessaiy  to  constitute  a 
quorum  at  any  meeting  of  the  Association. 

ARTICLE  IX. 

ADMISSION    AND    ANNUAL    FEES. 

The  admission  fee  shall  be  Fifty  Dollars,  to  be  paid  on  signing 
the  Constitution. 

The  annual  dues  shall  be  Forty  Dollars,  payable  half-yearly,  on 
the  first  days  of  May  and  November,  each  yeai* ;  and  any  mem- 
ber in  default,  after  thu-ty  days  notice,  shall  cease  to  be  a  mem- 
ber, unless  excused  by  order  of  the  Executive  Committee. 

In  case  of  members  of  less  than  six  years  standing  at  the  Bai*, 
the  Executive  Committee  may,  until  they  shall  have  attained 
that  standing,  give  them  a  credit  for  one-half  then*  initiation 
fee,  and  remit  one-half  then-  annual  dues. 

ARTICLE  X. 

Any  member  of  the  Association  may  be  suspended  or  expelled 
for  misconduct  in  his  relations  to  this  Association  or  in  his  pro- 
fession, on  conviction  thereof  in  such  manner  as  may  be  pre- 
scribed by  the  By-laws,  and  all  interest  in  the  property  of  the 
Association,  of  persons  resigning  or  otherwise  ceasing  to  be 
members,  shall  vest  in  the  Association. 

ARTICLE  XL 

This  Constitution  shall  go  into  immediate  effect  and  an  elec- 


14 


tion  of  Officers  and  Committees,  herein  provided  for,  shall  forth- 
with be  had.  They  shall  hold  their  offices  until  their  successors 
are  elected  at  the  annual  meeting,  on  the  Second  Tuesday  in 
Januaiy,  1871. 

ARTICLE  XII. 

All  elections  shall  be  by  ballot.  The  Officers  elected  shall 
enter  upon  their  duties  immediately  upon  then*  election,  and 
shall  hold  office  until  their  successors  are  elected  or  ap- 
pointed. 

In  case  of  a  vacancy  in  any  office,  it  shall  be  filled  by  appoint- 
ment of  the  Executive  Committee,  until  the  next  annual  elec- 
tion. 

ARTICLE  XIII. 

This  Constitution  may  be  amended  by  a  two-third  vote  of  the 
members  present  at  any  stated  meeting  of  the  Association,  pro- 
vided that  notice  of  the  proposed  amendment,  subscribed  by  ten 
members,  be  given  at  a  previous  meeting. 


'Bir-TjjL.-v7'&. 


THE    PRESIDENT    AND    VICE-PRESIDENTS. 

The  President  shall  preside  at  all  meetings  of  the  Association, 
and  in  case  of  his  absence,  any  one  of  the  Vice-Presidents,  who 
shall  be  then  chosen  without  ballot,  shall  preside. 

II. 

THE  RECORDING  SECRETARY. 

The  Recording  Secretary  shall  keep  a  record  of  the  proceed- 
ings of  all  meetings  and  of  all  other  matters  of  which  a  record 
shall  be  deemed  advisable  by  the  Association. 

He  shall  notify  the  Officers  and  members  of  their  election,  and 
shall  keep  a  roll  of  the  members,  and  shall  issue  notices  of  all 
meetings. 

III. 

THE  CORRESPONDING  SECRETARY. 

The  Con-esponding  Secretary  shall  conduct  the  correspondence 
of  the  Association  with  the  concurrence  of  the  President. 

IV. 

THE    TREASURER. 

The  Treasurer  shall  collect,  and,  under  the  direction  of  the 
Executive  Committee,  disburse,  all  funds  of  the  Association ;  he 
shall  report  annually  and  oftener,  if  required ;  he  shall  keep 
regular  accounts,  which  shall  be,  at  all  times,  open  to  the  inspec- 
tion of  any  member  of  the  Executive  Committee.  His  accounts 
shall  be  audited  by  a  Committee  of  three  members  of  the  Associ- 
ation to  be  elected  by  ballot,  at  the  stated  meeting  preceding 
the  annual  meeting  in  each  year. 

V. 

MEETINGS    OF   THE    EXECUTIVE    COMMITTEE. 

The  Executive  Committee  shall  meet  at  least  once  a  month, 
except  in  July,  August  and  September.     They  shall  have  power 


u 


to  make  such  regulations  not  inconsistent  with  the  Constitution 
and  By-Laws,  as  shall  be  necessary  for  the  protection  of  the  pro- 
perty of  the  Association,  and  for  the  presei*vation  of  good  order 
in  the  conduct  of  its  affau's. 

They  shall  keep  a  record  of  their  proceedings,  which  shall  be 
read  at  the  ensuing  meeting  of  the  Association  ;  and  it  shall  be 
their  duty  to  present  business  for  the  action  of  the  Association. 
They  shall  have  no  power  to  make  the  Association  liable  for 
any  debts  amounting  to  more  than  half  of  the  amount  in  the 
Treasurer's  hands,  in  cash,  and  not  subject  to  prior  liabilities  ; 
nor  shall  they  have  power  to  make  any  contract  binding  per- 
sonally upon  members  of  the  Association. 

VI. 

At  each  stated  meeting  of  the  Association,  the  order  of  busi- 
ness shall  be  as  follows : 

1.  Reading  of  minutes  of  preceding  meeting 

2.  Report  of  Executive  Committee. 

3.  Report  of  the  Treasm-er. 

4.  Reports  of  Special  Committees. 

5.  Miscellaneous  business. 

This  order  of  business  may  be  changed  by  a  vote  of  the  .ma- 
jority of  the  members  present. 

The  usual  parliamentaiy  rules  and  orders  otherwise  than  are 
herein  provided,  shall  govern  all  meetings  of  the  Association. 

VII. 

If  any  person  elected  does  not,  within  one  month  after  notice 
of  his  election,  signify  his  acceptance  by  signing  the  Constitu- 
tion and  By-Laws,  and  payment  of  his  admission  fee,  he  shall 
be  deemed  to  have  declined  to  become  a  member. 

VIII. 

These  By-Laws  may  be  amended,  at  any  stated  meeting  of 
the  Association,  by  vote  of  two-thirds  of  those  present ;  pro- 
vided that  ten  days'  notice,  in  wi'iting,  of  the  proposed  amend- 
ment has  been  given  to  the  Executive  Committee. 


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